OTS Allowing More Third-Party Real Estate Deals

Mutual thrift holding companies may buy and sell real estate owned by third parties, according to the Office of Thrift Supervision.

OTS Chief Counsel Carolyn J. Buck said mutual holding companies should be able to enter this business because it is "linked to an established banking activity."

"Third-party real estate brokerage ... complements mortgage lending in several respects," Ms. Buck said in a July 16 letter.

Before the order, a mutual holding company could only broker real estate owned by the company itself or any of its subsidiaries. Stock-owned thrift holding companies are already allowed to buy and sell third-party properties, Ms. Buck said.

The letter responded to a request from Thacher, Proffitt & Wood lawyer V. Gerard Comizio, who had asked the OTS whether the activity was permissible for his client, Asheco, a federally chartered mutual thrift holding company based in West Jefferson, N.C.

"This provides a source of low-risk income and a high possibility of symbiosis with their existing customer base," Mr. Comizio said. He added that the OTS order levels the playing field between mutual thrift companies and state savings banks in 19 states that allow third-party real estate brokerage.

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